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2004 12 07 CC Minutes ; - ¡ LA QUINTA CITY COUNCIL I I MINUTES I .. ,', DECEMBER 7, 2004 A regular meeting of the La Quinta City Council was called to order at the hour 'Of 2:00 p.m. by Mayor Adolph. PRESENT: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph ABSENT: None PUBLIC COMMENT - None CLOSED SESSION 1 . Conference with 'the City's legal counsel regarding pending litigation, Coachella Valley Water District v. City of La Quinta, Riverside Superior Court, Indio Branch, Case No. INC 010827, pursuant to Government Code Section 54956.9(a). - Council recessed to the Redevelopment Agency and, to Closed Session to and until the hour of 3:00 p.m. 3:00 P.M. Mayor Adolph led the audience in the Pledge of Allegiance. ; PUBLIC COMMENT Nicholas Murray, 49-720 Rancho San Felipe, encouraged the City Council· not to support the multi-species habitat plan. He indicated it will have an effect on some property he is wanting to buy. * * * * * * * * * * * * * Don Rector, 46-450 Cameo Palms, suggested a traffic survey be done for the - A venue 47/ Adams Street intersection for a possible traffic signal. City Council Minutes 2 December 7, 2004 CONFIRMATION OF AGENDA 'Mayor Adolph requested Consent Itenl No.3 be pulled for separate discussion and vote. PRESENT A TIONS , ' 1 . ADOPTION OF A RESOLUTION CERTIFYING THE OFFICIAL CANV ASS OF ELECTION RETURNS FOR THE GENERAL MUNICIPAL ELECTION HELD NOVEMBER 2, 2004. RESOLUTION NO. 2004-146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA GUINTA, , CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION if '. ~ " . HELD . ON THE SECOND DA Y OF NOVEMBER 2004, DECLARING THE 'I . RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW. It was moved by Council Members Sniff/Osborne to adopt Resolution No. 2004-146 as submitted. Motion carried unanimously. <2.;' SWEARING-IN CEREMONY FOR NEWLY-ELECTED MAYOR AND COUNCIL MEMBERS. City Clerk Greek administered the oath of office to Mayor Adolph and Council Members Osborne and Sniff. All three expressed their appreciation for those who supported their campaigns. WRITTEN COMMUNICATIONS 1 . : CORRESPONDENCE FROM THE CHILDREN'S DISCOVERY MUSEUM OF THE DESERT. Council concurred to refer this matter to the Community Services Grant Program. ---_._-_._.._~- ------_. ....- --- City Council Minutes 3 December 7, 2004 I APPROVAL OF MINUTES ì MOTION - It was moved by Counèil Members Sniff/Henderson to approve the City - ! . Council Minutes of November 16, 2004, as submitted. Motion carried unanimously. MOTION - It was moved by Council Members Henderson/Sniff to approve the City Council Minutes of November 29, 2004, as submitted. Motion carried unanimously. '. , CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED DECEMBER 7, 2004. , 2. APPROVAL OF MEMORANDUM OF UNDERSTANDING (MOU) M24-006 . ; BETWEEN THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION AND THE CITY OF LA QUINTA FOR FUNDING AND JOINT DEVELOPMENT OF .- ST ATE ROUTE 111 ST A TE IMPROVEMENTS FROM ADAMS STREET TO:: -- JEFFERSON STREET. . . , " ,....-- 3. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF-A· FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 32453, HIDEAWAY, ND LA QUINTA PARTNERS, LLC. (See separate ' action below.) 4. . APPROVAL OF A REQUEST BY THE COUNTY OF RIVERSIDE PLANNING COMMISSION TO UTILIZE THE - COUNCIL CHAMBERS FOR PUBLtC - HEARINGS ON FEBRUARY 2, APRIL 13, JUNE 8, SEPTEMBER 14, AND NOVEMBER 9, 2005 FROM 8:00 A.M. TO 5:00 P.M. , . 5. APPROVAL OF A REQUEST BY THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD TO UTILIZE THE COUNCIL CHAMBERS ON JANUARY 19, MARCH 10, MAY 4, JUNE 29, SEPTEMBER 8, AND- . - NOVEMBER 16, 2005 FROM 8:00 A.M. TO 5:00 P.M. , . . 6. APPROVAL TO DECLARE AN ANIMAL CONTROL TRtJ,CK AS SURPLUS AND -- TO CONVEY THE UNIT TO THE RIVERSIDE COUNTY SHERIFF'S" ! .' POSSE/SEARCH AND RESCUE. , - . 7. ,DENIAL OF CLAIM FOR DAMAGES FILED BY ANDREA MALLEN - DATE OF, - LOSS: SEPTEMBER 21, 2004. City Council Minutes 4 December 7, 2004 8.', ' DENIAL OF CLAIM FOR DAMAGES FILED BY ALEXANDER BARKAS- DATE OF LOSS: APRIL 16, 2004. 9.' ADOPTION OF A RESOLUTION ACCEPTING A DONATION FROM WINDERMERE REAL TY AND CHICAGO TITLE COMPANY FOR THE ANNUAL BREAKFAST WITH SANTA SPECIAL EVENT. (RESOLUTION NO. 2004-147) MOTION - It was moved by Council Members Sniff/Henderson to approve the Consent Calendar as recommended and amended with the exception of " Item No. 3 and with Item No. 9 being approved by RESOLUTION NO. 2004-147. Motion carried unanimously. MINUTE ORDER NO. 2004-139. Council Member Osborne spoke regarding Item No.6, stating he is pleased . . that .the City is able to convey the surplus vehicle to Riverside County Sheriff's Posse/Search and Rescue. ; Item No.3: , ' Mayor ;'Adolph asked for, an update on the completion of the perimeter landscaping. Public \/Jarks Director Jonasson stated he understands the developer intends to request another map extension in January, and staff is asking for a construction schedule for completion of the improvements. ' :... Mayor Adolph asked if the time extension can be conditioned to set a specified time for completion of the - improvements. He referenced dust problems related to the improvements. City Attorney Jenson stated if there are conditions of approval for the " '. , ..' , previous map that have not been met, that can be remedied through the 4 ~ ~ " Subdivision Improvement Agreement. Additionally, conditions of approval, . , can be imposed on future maps as long as there is a nexus. '., .... -.'--., Mayor Adolph noted the developer has not complied with what was 'approved in 2000, and he feels sonle pressure should be placed on the .' developer to cornplete the project. Mr. Jonasson noted- the City has bonds in place for the improvements, and that the dust issues can be addressed. ; Council Member Henderson suggested asking staff to exercise any options that may be available. - -_._~_...._~-_.-._.._..- --. ..~.- --......-- . City Council Minutes 5 December 7, 2004 ¡;~~t.~~r~~ - Mr. Jonasson noted the proposed map is for onsite improvements only. .. Council Member Osborne referenced another project at Fred Waring and Jefferson Street that is also slow in completing the perimeter improvements . Mr. Jonasson indicated that project is waiting for the County's approval of- their striping plan. MOTION - It was moved by Council Members Sniff/Osborne to adopt Resolution No. 2004-148, granting conditional approval of . Tract Map 32453, Hideaway, Nd La Quinta Partners, LLC. and authorizing a time extension for satisfactory completion of conditional requirements to validate ' . - the approval. Motion carried unanimously. , BUSINESS SESSION >. - '1. ' CONSIDERATION OF "CONCERT UNDER THE STARS· SERIES HOSTED BY THE CULTURAL ARTS-COMMISSION. : .'.- ~ : ~ 1',. Community Services Director Horvitz presented the staff report. - In response to Council Member Henderson, Ms. Horvitz stated the proposèd series would be staff intensive before and after the concerts. ,I .' Council Member Henderson commented on the current low staffing level in the Community Services Department. Council Member Sniff suggested no more than two events, perhaps in January and April, and voiced concern about the Commissi~n' s proposal f~¡': ''';- refreshments. . ' '- - . In response to Council Member Osborne, Ms. Horvitz stated jthe piano recital . - in February would. be held at the Senior Center, the puppet how in May and the Mariachi and Marty Lipson Band in April would be held in the I amphitheater, and the Marine Corp Jazz Sandin January ~ould be held 'in the courtyard. . , I - - In response to Mayor Adolph, Ms. Horvitz confirmed the ~ommission took the weather into consideration, ~hiêh is why the coÜrtyar . is proposed irf January. She agreed with the possibility of moving the band into the Senior - Center if necessary but noted redirecting people to the proper location could be a problem. She would also have to check on the availability of the Senior Center. City Council Minutes 6 December 7, 2004 Else Louden, representing the Cultural Arts Commission, suggested the possibility of having the events in the afternoon. She explained the reason for having four events is to set a pattern of regular events so people can plan for them. Council Member Perkins voiced concern about how the weather might affect . the events, and noted the Senior Center is not conducive to large crowds. He agreed with having two events, maybe in April and May, and asked why none are proposed in March. , ,. Council Member Henderson noted the La Quinta Arts Festival is held in March. Council Member Perkins pointed out the IIConcert Under the Stars II name would have to be changed if the events are held in the afternoon. He feels , ,summer V'Jould be a better time to hold the events. , Council' Member Henderson commented on tlie difficulty of getting . attendance on Saturdays, and noted the days are longer and weather is more, predictable in the spring nnd sun1mer. She suggested eve~ts in April and " ,. May, and voiced support for the rJlarine Corp Jazz Band and the Mariachi . group. She suggested the possibility of doing something jointly with Old . Town for the puppet show. As for refreshments, she feels anything beyond cookies and punch could be a burden. Ms. Horvitz stated the Commission's intent was to provide something more classy than cookies and punch. Council'Member Henderson stated she understands their desire but noted the , -' .. City is not in the refreshment business. She suggested staying with water or lemonade and maybe some fruit. · ,:.' ,Council Member Osborne voiced support for two events in April and May and using the fv1arine Corp Jazz Band and the Mariachi group. Council Member Sniff agreed with using the Marine Corp Jazz Band and the Mariachi group, and suggested the refreshments be restricted to lemonade . , and. cookies. He suggested the events be held the first week in March and April. ' He stated he would go along with May but noted it would be close to the. City's birthday. He suggested letting the Commission pick two of the three months. Mayor Adolph concurred. --- '-~~~-'-~- ~ - - - -_.,-- ~ City Council Minutes December 7, 2004- r- : MOTION - It was moved by Council Members Sniff/Osborne to authQrize the Cultural Arts Commission to hold two- events, with the Council's suggestion being the Marine Corp Jazz Band and the Mariachi group, to be held in March, April, or May with refreshments limited to cookies and lemonade. Council Member Henderson stated she feels the events should be held after the time changes, and noted the Civic Center Campus will be used by the La Quinta Arts Foundation for several days the third week in March. .. 4.' Ms. Horvitz confirmed the Arts Foundation will be on the Campus for 1 0-1 2 days~ Council Member Henderson noted the April or May events could be focused"" - . . ¡ around the City's birthday. I Council Member Sniff referenced a suggestion by a member of the audienc-e to serve wine instead of lemonade and cookies. . ~ i. ~ . Council Member Osborne noted there are local non-profit organizations that";I. would be willing to help serve alcoholic beverages. - , Council Member Henderson suggested dealing with that at, a later time. "," ~ .' , Motion carried unanimously. MINUTE ORDER NO. 2004-140. . .,.' PUBLIC COMMENT: At this time, representatives from Chicago Title and Winderm,ere Realty presented a' donation for the Annual Breakfast with Santa Special Event~ ' < . .. . 2. . , CONSIDERATION OF CITY COUNCIL REORGANIZATION AND STANDING:' " COMMITTEE APPOINTMENTS. ",", City Clerk Greek presented the staff report. " Council Member Perkins requested this item be continued until January when the Redevelopment Agency Chair and Vice Chair positions are considered. He indicated he is not willing to serve in any of the positions but feels the - M~yor Pro Tem, and Agency Chair and Vice Chair positions should be rotated. City Council Minutes 8 December 7, 2004 Council Member Henderson stated. she doesn't have a problem going ahead with the Mayor Pro Tem appointment today. Council Member Sniff stated he doesn't see any need to change the policy, which has been to make the Agency selections in January and the Mayor Pro Tem selection in December. Council Member Osborne stated he doesn't have a problem waiting until January. Mayor. Adolph stated he agrees with honoring a Council Member's request if it's possible but also understands it's an unwritten policy to take care of this at this time. Council rVlember Perkins noted the Council/ Agency hasn't been following . what was done in the past because the previous pattern was to make one- year appointments. MOTiOrtJ .. - It was moved by Council Members Henderson/Osborne to continue ·this item (selection of a Mayor Pro Tem and standing committee appointments) to the first meeting in January. There was a brief discussion as to whether or not it was necessary to continue the standing committee appointments with the consensus being to continue them. Motion carried unanimously. MINUTE ORDER NO. 2004-141. 3'. CONSIDERA TION OF TEMPORARY CLOSURE OF MONROE STREET 1 '¡ BETWEEN A VENUE 58 AND A VENUE 60 TO ACCOMMODA TE MAJOR RECONSTRUCTION. Public Works Director Jonasson presented the staff report. I In response to Council Member Osborne, Mr. Jonasson confirmed local . . residents in the area will be allowed to use the street to access their properties. , ',In response to Council Member Perkins, Mr. Jonasson stated construction of the fourth lane will be the responsibility of the County. - .-............-- ~_.__..__. - ---- - --...--- - City Council Minutes 9 December 7, 2004 r-- Council Member Perkins suggested including a penalty clause should the closure extend beyond four months., He noted people will complain if the street closure is longer than indicated. Mr. Jonasson stated he wasn't sure staff could condition the encroachment permit but noted a restoration bond could be used for leverage. In response to Mayor Adolph, ,Assistant City Engineer Speer stated: thé ; portion of the street that is in the City will be fully constructed but:the' 3/4 width in the easterly portion is in the County. He cönfirmed the existencELof . adequate right-of-way width on the County side of the street, and that the street improvements will be completed to City standards. He noted the. closure. is only for underground work and the street. will be reopened-dur:ing the remaining street improvements. " >. ., ~- ,. -' . '::.: '. 'j Nolan Sparks, representing Coral, Option, confirmed the street will reopen- for travel within four months, and that the residents, and one business ,in·,the-, area will have access to their properties. , . MOTION - It was moved by Council Members Sniff/Henderson to 'approve the request by Coral Option I, LLC to close Monroe Street between Avenue - 58 and Avenue 60 for a period of four months. starting in early' January,. 2005. Motion carried unanimously. MINUTE ORDER NO. 2004-142.,' 4. CONSIDERATION OF FUNDING THE 2-1-1 SOCIAL SERVICES HOTLINE. Community Services Director Horvitz presented thesta·ff report. Council Member Henderson asked who would be responsible for keeping the information up to date, to which Ms. Horvitz responded she didn't kh~W"~ ~'~" '-, , Council Member Perkins spoke in support of the program, and stated he believes it will relieve 911 calls and help the elderly., fI¡" : _'. " . ". . ..... t" ,I r _~..' ~ ,. "'~ ' -: ~ ' Council Member Sniff voiced concern, that it is' nota defined proposal, ,åñd;' ',,: " , . . stated he feels CV AG is reaching beyond its basic purpose. He has concerns" " , .. . '" '. ;. ~ about long-term funding, where it's going to be operated from" who is going to do it, and how it's going to be monitored. ~- ~ ~ -, ;,: ' , Council Member Osborne noted CV AG' sHuman & Community Resources - Committee looks at a number of social issues, and this one is designed to help people work their way through the social services. He stated' he- supports the program. City Council Minutes 10 December 7, 2004 Mayor Adolph stated he supports the idea but doesn't understand why CV AG is doing it. He will support the initial one but wants to find out what CV AG plans to do with it. Council Member Perkins stated he understands the program will be operated by the County. Council Member Osborne noted CV AG is just helping to get the issue before the cities. MOTION - It was moved by Council Members Osborne/Perkins to authorize . the City's participation in the 2-1-1 Social Services Hotline and authorize the . expenditure of $3,080 from the General Fund Reserve. Council Member Sniff stated he cannot support this without more information. Motion carried with Council Member Sniff voting NO. MINUTE ORDER NO. 2004--143. 5. CONSIDERA TION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA GUINTA AMENDING SECTION 11.08.005 OF THE LA GUINTA CHARTER AND MUNICIPAL CODE TO ALLOW THE CONSUMPTION OF ALCOHOL AT SilverRock RESORT. Assistant City Manager Weiss presented the staff report. In response to Council Member Perkins, City Attorney Jenson advised the current prohibition applies only to public property and not private property. . . In response to Mayor Adolph, Ms. Jenson advised the liquor license will cover all -entities owned by the City of La Quinta. MOTION - It was moved by Council Members Sniff/Henderson to take up Ordinance No. 410 by title and number only and waive further reading Motion carried unanimoúsly. ----- -- --_._-_.~-- - City Council Minutes 11 December 7, 2004 - ORDINANCE NO. 410 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, AMENDING SECTION 11.08.005 , OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATING TO PUBLIC DRINKING AND, LIQUOR POSSESSION. It was moved by Council Members Sniff/Henderson to introduce OrdinanÇ.e , No. 410 on first reading. Motion carried by the following vote: A YES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSTAIN: None . - ABSENT: None ,.. I' _ See Page 25 for consideration of Business Item No.6. " Council recessed to the Redevelopment Agency. - " . .,' . Council reconvened. STUDY SESSION - None REPORTS AND INFORMATIONAL ITEMS ' . , , Animal Campus Commission - Council Member He'nderson reported the completion date for the facility has been delayed to late April. , CVAG Executive Committee - Mayor Adolph referenced CVAG's efforts ,to' , address the issue of child obesity, and stated he feels the program should start at , 1 home. " Council Member Osborne indicated CVAG is investigating how to obtain funding from the cigarette tax to create an education program on the;Jssue. Council Member Perkins indicated he feels the issue is the school's responsibility. - ; Mayor Adolph spoke regarding the taxi cab issue, stating the local industry wants to regulate themselves and are looking to CV AG and SunUne to get it attained. City Council Minutes 12 December 7, 2004 ·C. V. Mosquito & Vector Control District - Council Member Perkins reported the District is recruiting for new positions. They are also looking into some information reported in the newspaper regarding a new way to fight against fire ants. As for the status' of the new assessment, it appears it will be between $ .08· and $. 11 monthly per property owner. League of California Cities - Council Member Henderson stated the League will be actively pursuing legislation this year to secure the redevelopment funding stream They.,alsohave a task force working to change legislation on the RHEMA numbers. She· noted the Legislature is taking up the issue of zoning and housing this year with the intent of taking over zoning at the State level. She added the League has approved a due increase. :Palm S,pí'ings Desert Resorts Convention & Visitor's Authority - Council Member Henderson reported an agreement has been reached to allow some signage at the Palm Springs International Airport that wiUlist all of the cities, including Coachella who is not a member of the CV A. Each city vvill be asked to pay a prorated share ,of the 'funding, which will not exceed $2,223 if all nine cities and the County participate. San: Jacinto/Santa Rosa National Monument Advisory Committee - Council f\lle.mber ,Henderson referenced the possibility of having a presentation made to the Council regarding a marketing program for the National Monument. * * * * * * * * * * * * * All other reports were noted and filed. DEPARTMENT REPORTS - None , ·!'IIAYOR AND COUNCil MEMBERS' ITEMS . '.' ;¡ -:: ''f"_~ . : '1. , ; DISCUSSION· REGARDING REDEVELOPMENT AGENCY PROJECT AREA(S) .' , "' I ~ , AND LA QUINT A PLANNING AREA TO THE SOUTHEAST. - . Council Member Osborne requested the zoning designations in the Planning Area to' the southeast be reviewed to see if any adjustments should be made. . Council Member Henderson stated she feels the whole issue is up for discussion as to whether or not the City would want to annex any of that --...--....--....--- - City Council Minutes ,13 December 7, 2004' ' ¡;l..~ r7)f!t,~ I area. She indicated the service reviews should be done by the end of -- January. , Council Member Sniff suggested staff bring this back at an early date with the sphere of influence issue he requested at the last meeting. City Manager Genovese indicated staff will attempt to bring both issues back in March. Council recessed to closed session to and until 7:00 P.M. . ' 7:00 P.M. . ", The City Council meeting . reconvened with no decisions being made in Closed' , . ' . Session which require reporting pursuant to Section 54957.1 of the Government Code (Brown Act). . " . - , . .. oj ' . - - , PUBLIC COMMENT ~ , , Robert Cox, 78-315 Crestview Terrace, congratulated Mayor Adolph and Council Members Osborne and Sniff on their 'recent election, and complimented all the candidates on a good campaign. He thanked the Police Department for the quick recovery of a vehicle stolen from his driveway, and expressed appreciation for the' City's part in funding the 2-1-1 program. He provided - some background on the .. 2-1-1 program as to how the effort started and how CV AG became involved. :,. ',' t :., . . PRESENT A TIONS The Mayor and Council Members presented art awards to the foll~wing students· of' La Quinta Middle School whose artwork has been displayed~ at City Hall: David Barrera Elizabeth Hotz Keyla Rodriguez Meghan Davis Christopher legg Jesse Sanchez .. J Matthew Fain Shelby Ligman Christian Silva : ' '- .~ Gina Flores Danni Loe Anthony Soto Sherwin Garcia Andrew Monnin Celeste T oro - Ricardo Hernandez Margaret Nieto Teresa Vasquez .; Leton Holland Janette Rodriguez Alec Viveros City Council Minutes 14 December 7, 2004 PUBLIC HEARINGS 1 ~ PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS FOR: 1) CERTIFICATION OF A MITIGA rED NEGA TIVE DECLARATION FOR ENVIRONMENT AL ASSESSMENT 2004-526; 2) GENERAL PLAN AMENDMENT 2004-103 AND ZONE CHANGE 2004-122' TO REPLACE 159 ± ACRES OF LAND DESIGNA TED VERY -LOW DENSITY RESIDENTIAL WITH A LOW-DENSITY RESIDENT DESIGNATION; 3) GRIFFIN RANCH SPECIFIC PLAN 2004-074 FOR DESIGN GUIDELINES AND DEVELOPMENT '., STANDARDS FOR 303 RESIDENTIAL UNITS; AND 4) TENTATIVE TRACT MAP 32879 TO SUBDIVIDE 199 ± ACRES INTO 303 RESIDENTIAL LOTS -: ,AND- OTHER AMENITY LOTS FOR THE PROPERTY LOCATED ALONG THE SOUTH SIDE OF A VENUE 54, THE EAST SIDE OF MADISON STREET, THE NORTH SIDE OF A VENUE 55 ALIGNMENT, AND % MILE WEST OF MONROE STREET. APPLICANT: TRANSWEST HOUSING. Mayor Adolph noted there is a request from staff to continue this item to December 21, 2004. .. The Mayor declared the PUBLIC HEARING OPEN at 7: 16 p.m. , MOTION - It was moved by Council Members Henderson/S~iff to continue ----- the public hearing for General Plan Amendment 2004-103, Zone Change 2004-122¡ Specific Plan 2004-074, and Tentative Tract Map 32879 for Transwest Housing to December 21, 2004. Motion carried un~nimously. MINUTE ORDER NO. 2004-144. . 2. " PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS AND FIRST READING OF AN ORDINANCE REGARDING: 1) CERTIFICATION OF A ,MITIGATED NEGA TIVE DECLARA TION FOR ENVIRONMENT AL ASSESSMENT 2003-470; 2) GENERAL PLAN AMENDMENT 2003-091 AND . ZONE CHANGE 2003-112 FOR THE NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50 FROM LOW DENSITY ., RESIDENTIAL TO MEDIUM-HIGH DENSITY RESIDENTIAL AND THE SOUTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50 FROM . , OFFICE COMMERCIAL TO MEDIUM DENSITY RESIDENTIAL; 3) SPECIFIC . PLAN 2004-071 FOR DEVELOPMENT PLANS AND GUIDELINES; 4) j' ~ CONDITIONAL USE PERMIT 2003-074 TO ALLOW A SENIOR RETIREMENT ,it COMMUNITY; AND 5) SITE DEVELOPMENT PERMIT 2003-762 FOR . DEVELOPMENT PLANS TO CONSTRUCT 216 INDEPENDENT LIVING UNITS, 20. ASSISTED LIVING UNITS, 18 DEMENTIA CARE BEDS, AND 20 SKILLED NURSING BEDS LOCA TED AT THE NORTHEAST AND SOUTHEAST ---- ----.- r-- -.--- City Council Minutes ~' December 7, 2004, - ;':,,'¡"_" ".'-,t.- ~L.\;:~I': " ~~~:'ñ - CORNERS OF WASHINGTON STREET AND AVENUE 50. APPLICANT: PACIFIC RETIREMENT SERVICES AND WESTPORT LA QUINTA, L.P. City Manager/Interim Community Development Director Genovese advised óf additional memorandum from staff regarding Attachment No.7. Principal Planner Saw a presented the staff report. In response to Council Member Perkins, Mr. Sawa stated the applicant proposes a golf cart/pedestrian tunnel under A venue 50 to connect the two ' parcels. As for ingress/egress, the entrances on Avenue 50 are right-in, ,,' right-out, left-in and the Washington Street entrances a!re right-in, right-out. . ~. . ~. C'ouncil Member Henderson asked for 'a brief overview1of staff's response to";· the letter from MSA Consulting. Mr. Sawa noted the applicant has requested to use: concrete liS" roofing tile's',:, -:' !" instead of clay tile as conditioned by the' Planning Commission. - :' ,~' -: 'I . " ,r""..' . . " Public Works Director Jonasson stated staff recommønds a street width of '" 28 feet, but as for the interior sidewalks, staff concurs with the applicant ". , -. - that a sidewalk on both sides of the entry on the north site is not necessary~'; However, staff still recommends a sidewalk on both side of the street on the· south site. Regarding the deceleration lanes, he indicated Avenue 50 will ' , probably not meet warrants for that requirement but the condition would ,be applicable for five years should traffic increase and a deceleration lane be ' needed. Assistant City Engineer Speer confirmed sufficient space exists for' a deceleration lane. -....' .. , ..: In- response to Council Member Sniff, Mr. Sawa stated the Planning .. ",'. Commission has recommended a seven-foot high' wall along the northern' perimeter of the north site if the adjacent property' owners request it. He ¡ ", ~', believes the applicant is willing to replace the existing walls/fences with a "', wall to be used by both properties but it's not required in -the conditions of ' - < ..., ,.' , approval. ~ Council Member Sniff stated he feels the wall issue 'should be determined ahead of time to ensure consistency with the walls. Mr. Genovese stated the developer is being encouraged to work with the adjacent properties owners to attain uniformity . with the wall 'and avoid .,'- - having dead spaces between the existing walls/fences and the new wall. He noted another challenge might arise if any of the existing walls, are not within their properties. City Council Minutes 16 December 7, 2004 In response to Council Member Sniff, Mr. Sawa stated the applicant has conducted a photometric study and proposes to use bollard lighting and carport lighting. He confirmed the two-story units will have elevators, and that the number of parking spaces exceeds the requirements. He further confirmed the flat-roof, metal carports will be slightly sloped for drainage. . Mr. JonassOn indicated A venue 50 will ultimately be a divided, four-lane street, and that a tunneling method under Avenue 50 hasn't been determined yet. In response to Council Member Osborne, Mr. Sawa stated the current - conditions of approval require the carports on the north side to have clay tile ¡ roofs. He indicated the entrances will be gated to vehicular traffic. Mayor Adolph asked about the distance between the two-story buildings and the north property line, to which Mr. Sawa responded approximately 75 feet. He added the height limit under the current zoning is 1 7 feet. -, The ~J1aycr declared the PUBLIC HEARING OPEN at 7:52 p.m. Mervin Roos, representing the developer, indicated their request for 26-foot wide streets is based on this type of development generating 1/3 the traffic of. a single-family project and half of a multi-family project. He questioned the need for sidewalks on both sides of the street on the south site but indicated he wouldn't argue that point any further. According to their study, a deceleration lane will not be required on Avenue 50 but they agree to provide a design for possible use in the future. Regarding the landscaping, he requested they be allowed to work with staff to find a solution agreeable to CVWD. :. . Brian McLemore, 1200 Miramar, Medford, Oregon, of Pacific Retirement , Services, ,gave a brief overview of the services to be provided at the ; retirenlent center. He stated the 16-foot high light poles will be at the front . " . entry of the nlain building and at the health care building with the rest being low..level lighting. In response to Council Member Osborne, Mr. McLemore stated they will . utilize a shuttle service if the tunnel isn't possible. He confirmed the tunnel is important for the residents on the south site to have access to the amenities on the north site. In res'ponse to Council Member Sniff, Mr. McLemore stated they anticipate ,employing about 98 full-time positions along with other part-time positions to ~~-_.._.._.- -- . City Council Minutes December 7,2004 ,....-- assist during heavy staffing hours in the evening. He confirmed some of the ì soil from the north site will be moved to the south site. , Council Member Henderson inquired about on-site security. Mr. McLemore stated the retirement center will be gated and have a 24-hour reception desk. They will also have security cameras and night maintenance/security personnel. Mayor Adolph inquired about the phasing, and Mr . McLemore indicated Phase 1 will include the north site and Phase 2 will be the south site. In response to Council Member Osborne, Mr. McLemore stated almost 100 p~ople have reserved units so far. In response to Council Member Osborne, Stuart Ankrom, the architect, stated the sight-line drawings show the properties to the north will not be . looking into windows of this project, nor will anyone in the second-story building of this project be looking into the back yards of the properties to the '. north. -' ' - In response to Council Member Henderson, Mr. Ankrom stated they intend to . build a seven-foot high wall on the northern boundary, and will either replace the adjacent property walls or build in front of them, depending on what each property owner desires. He stated they will' -also under-ground the power lines along that wall. Mayor Adolph asked what material will be used for the seven-foot high wall. Joe Tucker indicated they propose using stucco for the interior and will do the same on the outside if that is what each property owner wants. Mr. Ankrom confirmed all of the electrical lines- will be under-grounded ",- except for the high-powered lines along the storm channel. Council Member· Perkins asked if they would be' willing to remove the, existing walls, construct a new wall, and maintain both sides of it, to which Mr. McLemore responded, "Yes." .- Council Member Henderson asked if tile roofs on the carports were discussed - with the property owners to the north, to which Mr. Ankrom responded, "No. " - Mayor Adolph stated he would like for any dead space between the new wall .- and existing walls to be back-filled with some type of material. He· suggested utilizing a mansard roof around the carports, instead of roof tiles, City Council Minutes 18 December 7 I 2004 -to eliminate the height element. He also asked about the color of the roof tile. Mr. Ankro,m stated the roof tile is multi-colored, and that they believe the variegated concrete tile will be suitable for the architecture of the project. In reference to the request to use open wrought-iron fencing along Washington Street and Avenue 50, Mayor Adolph stated he wants to make sure there is an agreement for- any future consideration to install a sound . wall to be solely the responsibility of the developer. Mr. Ankrom indicated that would be acceptable to them. '. - . Sandy Hawks, 78-770 Spyglass Hill Drive, spoke in support of the project, stating she feels it's the best fit for the area, and will generate less traffic than a single-family development. Karen Kirk, 78-585 Saguaro Road, questioned the project being a quiet . ,.' , " . . resideritial development because it will have a lot of employees and other , '" n1edical personnel arriving and leaving the facility on a daily basis. She is . , : ,concerned the lighting, traffic, and second-story balconies will affect her .,.. . . I property ,and that her property value will decrease. She rndicated she was ':' . ~ d;sturbed by the appearance that several of the Planning Commissioners :. vvere- promoting the project, and questioned the traffic study being objective. She also referenced a petition with 80 names in opposition to the rezoning. She requested Council recognize the adverse effect of this project on the adjacent neighborhood, and to either deny the project or amend it to be more friendly to the area. Helen Nélson, 78-707 Saguaro Drive, asked that an eight-foot high, sound . wall be, required to help mitigate the traffic noise and the ability for people to - se-e into her back yard. She referenced a promise for a 10-foot setback, and " - , questioned the ability to have a uniform wall if some of the residents want to retain their existing walls. She also voiced concern about her pool and .- , - J Jacuzzi ~heing damaged when the wall is constructed. She suggested the one-story - units be on the north site instead of the south side. She ;' ':' ',-') 'commented on -property owners opposed to this project being told not to 'bother -attending the meetings because the project is a done-deal. Paul" Cope, 78-766 Gorham Lane, Palm Desert, stated he is interested in moving into this project when it's completed. He commented on the - benefits of a retirement center and the good reputation of Pacific Retirement Services. -.......-.--....-- -_. _.~_..._- - . City Council Minutes .19 "i., December 7, 2004' r '~!f'" ,~~ 'fit.", "ì~.,t'.. ~ ,t '; ~ ~ ,.-- Don Rector,' 46-450 Cameo Palms Drive, questioned the applicant being ¡ allowed to receive deposits on a project that ~asn't been approved yet. I , Council Member Henderson noted the deposits are refundable. Marco DePaloma, the developer, noted the property owners' request for an additional 10 feet on their properties would require zoning changes and property line adjustments that would not only be expensive, but also'· compress the project to three stories instead of two. He stated they are willing to build an eight-foot high wall to address the concerns of the· ' property owners to the north. '. ' 'In response to Mayor Adolph, Mr. DePaloma stated they would agree toa condition requiring construction of a' sound wall between the two . ' developments. , In response to Council Member Henderson, Mr.; Jonasson confirmed the Montero Estates wall has a baffle system integral tò the block that has to be' , .. , exposed, and it cannot use stucco, for it to work. .' Mr. DePalomastated he has asked their engineer to research materials that - will help baffle the noise. Council Member Henderson noted the noise from vehicles pulling into '~a driveway is not the same as higher-speed highway noise. Mayor Adolph noted berming was used to attain the eight-foot height for the Montero Estates sound wall. He further noted the property owners to the , north will gain 10-12 inches in their back yards .if the developer replaces " : '. their existing wall or fence because the new wall will be built on the project property. Paul Quill, 51-245' Avenida Rubio, Vice Chair of the' Planning Commission',: . , explained the Planning Commission felt clay tile is more in, keeping with the '..,. theme of the Cove, and that the visibility of carport roofs from the adjacenf' .' - properties would be better if the carports had tile' roofs. He stated the : Planning Commission also felt the carports on the 'north side should have s- ' I ' back to keep the glare of car lights from shining into the neighboring , ' " properties. Jack Harper, 50-665 Grand Traverse, spoke in support of the project. ,....-- Gary Flanders, 51-890 Avenida Alvarado, stated he feels it's the location that people are opposed to, and noted people move to La Quinta to get away . City Council Minutes 20 December 7, 2004 from high density. He believes a density change from 54 residential homes to 274 residential units is a lot, and that the two-story units will allow people to see into the back yards of the adjacent properties. He encouraged Council to limit the height to the same residential height of a residential building contractor, and suggested the project be built in a commercial area. He feels people have the right to know what will be built next to them when they purchase their property, and questioned the project generating less· traffic than 54 homes. Sean Petny, 78-690 Bottlebrush, agreed the location of the project needs to be reconsidered. There being no further requests to speak, the Mayor declared the PUBLIC t HEARING CLOSED at 9:00 p.m. Council Member Osborne stated he believes the applicant has worked with the property owners to address their concerns, and noted the engineering studies indicate no one will be able to see into the back yards. He voiced concern about all of the traffic from the south site having to exit onto ,.. Avenue 50, and those vehicles wishing to access Washington Street having to turn right then make a u-turn in front of the school. -He suggested allowing a right-out only from the Washington Street exit. Mr. Jonassonstated he didn't see any problem with that. Council Member Osborne stated he agrees with requiring tile carports on the north side, and keeping them at an angle to reduce the potential sight into the structures. Council Member Sniff pointed out a lot of those who signed the petition opposing the zone change are residents of the adjacent neighborhood. He feels this is a quality project but also feels the Council should pay attention to those who signed the petition. He also voiced concern about the view impacts of an eight-foot high wall. .Council Member Perkins commented on the challenge of pleasing all of the ~ parties involved, and the developer's willingness to resolve some of the issues. He stated he feels this is a good project, and is in favor of approving it. . Council Member Henderson noted most in-fill projects are a challenge. She doesn't view this as a commercial project, and noted one of the zone_ changes is from commercial to medium density residential. She stated although she knows people in the neighborhood that support this project, --. -~---- - --~-- .--. - . City Council Minutes 21 December 7, 2004 ~- ,; -<'¡::.~" ,;,: ,;~.j, ¡- she didn't come with a pre-conceived decision. She feels the developer has r tried to address some of the issues, and that the under-grounding of the utilities is an important issue. She agrees an eight-foot high wall will impact the view but so will the buildings on the project. She noted single-family homes on the site would be closer to the property line than the proposed facilities. She prefers the decision of a seven or eight-foot high wall be left, up to the engineers. Mr. Jonasson suggested Condition No. 103 of the Site Development Permit,_ ' be modified to include: UThe design of the wall, including the height, the north facing finish, and demolition requirements to prevent dead space,"',' ~ ~ . between the new wall and existing walls, shall bè' submitted- and approved~ .. ' ; by the Building Official and City Engineefprior to con'struction." - ~. f:·....:~ .... , - Council Member Henderson indicated. support for the- project but would . like' ' - '. i ' some flexibility in the conditions of approval to allow them to be modified to meet· the demands without having to come back for amendment. She will, " agree with the block and wrought-iron wall on Washington Strêet if it's clear in the conditions of approval that the developer will be responsibl~ for the cost of a sound wall if. needed in the future. Although she 'sympathizes with the property owners, she feels very supportive of the project. - Mayor Adolph stated he bases his view of a project on how it will tie-in to the direction the City is going. He commented, on the traffic and noise' impact related to growth, and noted new developments must be responsible' for constructing sound walls when they are needed . As for traffic generated ' by this project, he noted only 12 parking spaces are provided for the 165 units on the north site because the residents will not be driving. He appreciates the residents' concerns and hopes the 'developer and staff win " work to address those concerns. '.'10 Council Member Sniff stated he is inclined 'to side w,ith the 83 people, who signed the petition. Although he believes the project would be an asset to' , the City, he feels the increased density and building height are issues of concern that need to be considered. ' . Council Member Henderson referenced the developer's meetings with the: "'-~' property owners, and asked if there was a sense of· greater understanding between the project and the residents as the meetings progressed. What she heard from some in attendance· at those meetings was of a positive· nature. She feels the project is appropriate and will be good for the:· ,; . - community. She has some concern about the right-out onto Washington' Street - from the south site, and asked if the traffic will be entering an City Council Minutes 22 December 7, 2004 acceleration lane. She feels it should be a right-out only and not an entrance. . Mr. Jonasson noted the design should be subject to approval by the City Engineer. Mr. Speer indicated staff will look at the vertical curve coming over the bridge to ensure there is sufficient sight distance. He suggested the . - , possibility of moving the driveway closer to the intersection if it's too close to the bridge. Council Member Henderson stated what she is looking for is an ultimate - . ~ · decision as to whether or not the egress would be safe. Council Member Sniff noted there is a tendency for vehicles to acce~erate in that area, making this a potentially serious issue. " Mr . Genovese proceeded to clarify some of the issues, and stated the right- out only movement onto Washington Street from the south site will be subject to the City Engineer's approval. He cautioned against 'requiring the 'developer to 111aintain both sides of the adjoining wall because access to the back yards could be a problem. Council concurred. - Mr. Genovese stated it's his understanding that the developer and staff are in agreement that the interior sidewalk is not required on both side of the street on the north site but is required on the south site. Regarding landscaping along A venue 50, he understands that issue will be worked out at the staff level. As for the wrought-iron fence and wall on Washington Street, the design would be subject to approval by the Community , Development Director and the City Engineer, and any future sound study or ., .' - sound wall construction would be the responsibility of the applicant. He: noted· 'Council Member Osborne voiced support for tile roofs on the north · carports to protect the sight-line to the second stories. I n response to · Council Member Henderson's request for flexibility in the condition, he 'indicated' the final design will be subject to the Community Development Director. He noted the conditions of approval will .also need to be amended if the Council wishes to approve the applicant's request to use concrete "S" roofing tiles. -.-...- ---- City Council Minutes 23 December 7,2004 '~j f ,1;,~:; ...-- RESOLUTION NO. 2004-149 ¡ - , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR GENERAL PLAN AMENDMENT 2003-091 , ZONE CHANGE 2003-112, SPECIFIC PLAN 2004-071, CONDITIONAL USE PERMIT 2003-074, AND SITE DEVELOPMENT PERMIT 2003-762. It was moved by Council Members Osborne/Henderson to adopt Resolution No. 2004-149 as submitted. Motion carried with Council Member Sniff . voting NO. RESOLUTION NO. 2004-150 . , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA~ CALIFORNIA, APPROVING GENERAL PLAN AMENDME~T 2003-091 FROM . 'LOW DENSITY RESIDENTIAL TO MEDIUM-HIGH· :DENSITY RESIDENTIAL t .. AN,D OFFICE COMMERCIAL TO MEDIUM DENSITY RESIDENTIAL TO, ALLOW THE CONSTRUCTION OF A SENIOR RETIREMENT' COMMUNITY (PACIFIC - RETIREMENT SERVICES AND WESTPORT LA QUINTA, L.P.) It was moved by Council Members Henderson/Osborne to adopt Resolution No. 2004-150 as submitted. Motion carried with Council Member Sniff voting NO. I MOTION - It was moved by Council Members Osborne/Henderson to take up Ordinance No 411 by title and number only and waive further reading. Motion carried with Council Member Sniff voting NO. ORDINANCE NO. 411 " AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY BY REZONING CERTAIN PROPERTY FROM LOW DENSITY RESIDENTIAL 1111" TO MEDIUM-HIGH RESIDENTIAL AND OFFICE COMMERCIAL TO MEDIUM'· I DENSITY RESIDENTIAL TO ALLOW CONSTRUCTION OF A SENIOR RETIREMENT COMMUNITY (ZONE CHANGE 2003-112 -. PACIFIC, RETIREMENT SERVICES AND WESTPORT LA QUINTA, L.P.) - It was moved by Council Members Osborne/Henderson to introduce· Ordinance No. 411 on first reading. Motion passed by the following vote: - City Council Minutes 24 December 7, 2004 - A YES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: Council Member Sniff ABSTAIN: None ABSENT: None RESOLUTION NO. 2004-151 I" A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, , } . .. CALIFORNIA, APPROVING COND~110NAL USE PERMIT 2003-074 FOR A , . ,SEN10RRETIREMENT COMMUNITY LOCA TED A T THE NORTHEAST AND SOUTHEAST CORNERS OF WASHINGTON STREET AND AVENUE 50 ,""'': ~ "- , (PACIFIC RETIREMENT SERVICES AND WESTPORT LA QUINTA, L.P.) !t was moved by Council Members Henderson/Osborne to adopt Resolution ,-. , No.· 2004-151 as submitted. Motion carried with Council Member Sniff voting NO. RESOLUTION NO. 2004-152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, , CALIFORNIA, APPROVING DESIGN CRITERIA AND DEVELOPMENT STANDARDS FOR A SENIOR RETIREMENT COMMUNITY ON 21 ± ACRES LOCATED ON THE NORTHEAST AND SOUTHEAST CORNERS OF WASHINGTON STREET AND AVENUE 50 (SPECIFIC PLAN 2004-071 - . PACIFIC-RETIREMENT SERVICES AND WESTPORT LA GUINTA, L.P.) It, was moved by Council Members Osborne/Henderson to adopt Resolution No_~ 2004-1 52 as amended (modifying Condition No. 5 to read " ... a maximum of eight-feet high as measured from the north side with the design of the \lVal!, including the height and the finish of the north face and any . demolition requirements to prevent dead space between the new wall and ,existing wall, shall be to the satisfaction of the Building Official and City Engineer."; modifying Condition No.6 to read, "...and shall have a concrete , tile or: mansard roof as approved by the Community Development Director."; .. ~ ! '" 'modifying Condition No. 7 to read, "Roof tiles shall be concrete "s" tile..."; , and modifying Condition No. 8 to read, If... shall be right-out only if deemed appropriate by the City Engineer. ") Motion carried with Council Member Sniff voting NO. -- ---_.--- -- .-- ..~_._._._..._...__....._-~ -- ..--------- ------- ---.- - . -- City Council Minutes i . 25j".¡¡,'i December 7:,2004-, ,,-.' ,,', '", 1 ;,:',H:11:',j ,t-!·,~, ;..0->. . _ " . . ,.-.,:. " r- RESOLUTION NO. 2004-153 A RESOLUTION OF THE CITY, COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT PLANS FOR A SENIOR RETIREMENT COMMUNITY ON 21 ± ACRES ' LOCATED ON THE' NORTHEAST AND SOUTHEAST CORNERS OF WASHINGTON STREET AND AVENUE 50 (PACIFIC RETIREMENT SERVICES AND WESTPORT- LA QUINT A, L.P.) It was moved by Council Members Henderson/Osborne to adopt Resolution No. 2004-153 as amended (modifying Condition ,No. 58(AH2) to allow right':: ~ out only onto Washington Street from the south site, subject to approval by , the City Engineer; modifying Condition No. 54(B) (1) to eliminate the requirement for sidewalks on the outside of the private streets on the north,' i site; modifying Condition No. 54(AH 1 Hb) to require the decelerationlane-,: requirement to remain in effect for a period of five years; modifying 'Condition No. 66 to require landscaping along ,Avenue 50; modifying! :-~,J , !i_':' - Condition No. 103, to read, "...a maximum of eight..feet high as measured ',¡: .. from the north side with the design of the wall, including the height and the': .- 'finish of the north face and any demolition requirements to prevent deadl ( \ . space between the new wall and existing wall, shall be to the satisfaction of - the Building Official and City _ Engineer."; adding 'a condition to perm.tt~:·, -" periodic wrought-iron fencing along Washington Street, subject to design ' approval by the Community Development Director; adding a condition to require the applicant or homeowners association to be solely responsible for, the cost of a sound study or sound wall should it ever be required for the project and indicating that it will not be the responsibility of the City.) City Attorney Jenson recommended the document be recorded to make it clear that the City will never fund a sound wall' at that location. , - Motion carried with Council Member Sniff voting NO. BUSINESS SESSION . . . . .. . . . . . continued 6. 'CONSIDERATION OF NEIGHBORHOOD PETITION PROPOSAL TO CUL-DE~- ' . SAC FIESTA DRIVE AT THE JEFFERSON STREET INTERSECTION. . . Public Works Director Jonasson presented the staff report, and Assistant City Engineer Speer reviewed the access options. - City Council Minutes 26 December 7, 2004 Council Member Perkins inquired about the distance between the bridge and . left-turn pocket, and about sight visibility issues related to the grade of the new bridge from Fiesta Drive. Mr. Speer stated the distance is approximately 30 feet, and confirmed there - is sufficient space on the bridge to accommodate the left-turn pocket. He further confirmed the grade of the new bridge will provide good sight distance for traffic. Council Member Henderson asked if the residents chose to have a 28-foot street width when the street improvements were done a . few years ago, and is ,parking allowed on both sides of the street. Mr. Speer responded, "Yes," to both questions. Mayor Adolph expressed some concern about having a stacking lane on a bridge. Mr. Speer confirmed the 14-foot wide median on the bridge will be 'sufficient width to provide a stacking lane out of the flow of traffic. Mr. Adolph stated he feels traffic on Fiesta Drive would be substantially less if northbound traffic was not allowed to turn left there. ~: "." I .. ,In response to Council Member Perkins, Mr. Speer indicated the stacking lane will accommodate a few cars in addition to a deceleration lane. He also confirmed the bridge will handle any excess weight caused by stacking of vehicles. Reiner Jaker, 79-900 Fiesta Drive, spoke in support of closing Fiesta Drive to through traffic to make it safer for children. He noted the traffic count is higher on weekends during the soccer season. Alice Zilinsky, 79-855 Horseshoe Road, spoke against closing Fiesta Drive " ~ because it would restrict the area to one exit during emergencies. She noted , there are two parks in the area for children to play. 'f Charles Zilinsky, 79-855 Horseshoe Road, questioned Fiesta Drive being unsafe. Grace Mulcahy, 79-875 Westward Ho Drive, stated she is opposed to the closure because it will generate more traffic on Westward Ho Drive. Joyce Sivley, 79-775 Westward Ho Drive, stated the homeowners on Roudel " Lane, Cortez Lane, Roadrunner Lane, Horseshoe Road, and Westward Ho Drive are concerned about gridlock at Roadrunner Lane and Westward Ho ___n." Drive if Fiesta Drive is closed. She also feels the closure would create a hazardous situation if a major emergency happens. She encouraged the ~.~_. ---- ..- .~_.. _._-~-_._--- - ------ City Council Minutes December 7, 2004, r-- Council to make the right decision to provide quality of life for all residents of ' the community. John McManus, 79-840 Horseshoe Road, stated he feels Fiesta Drive shou1d - . be left open for taxpayers to use since tax money 'was used to construct and maintain it. Cory Barbeau, 79-820 Fiesta Drive, asked where the water will drain if the street is raised 1 3 feet, and Mr. Speer stated a catch basin will be used. Mr., Barbeau stated he supports closing Fiesta Drive because of. safety issues ~ . ," ~ . . ' , He commented on the speed of traffic on Jefferson Street, and crime activity on Fiesta Drive because of easy access.' If the street is not closed, he believes a' traffic signal should be installed. He stated Council Member' ¡ , I ~. . Henderson has close ties with some of the people opposed to the street closure, and he feels she should not vote on this matter. : .- Council Member Henderson stated she does not make a decision until the matter is; before the Council and she has' heard from the residents. She~ i : . doesn't:feel it's appropriate nor necessary for her to abstain. Sandra Hardin, 79-755 Fiesta Drive, spoke in support of the closure, ',âridJ,<- ~ ! ' - - referenced a petition she submitted previously and doesn't see included in the staff report. She . stated the petition included 1 5 signatures from. Horseshoe Road, Cortez Lane, Hummingbird Lane, and 'Roudel Lane that also signed the petition against closing the street, which she feels they did thinking that they were supporting the closure. She also referenced a break-in at her home, which she feels was due to the easy access to Jefferson Street from Fiesta Drive, and questioned why morning hours were not included in the traffic count. Bill Hartung, 79-890 Fiesta Drive, who also spoke in support of the closure, . ' commented on the speed of traffic, and narrowness of the street, andnoted¡ " the speed sensor does not measure linear hits" or dead pets. Mr. Jonasson explained the 85th percentile is the speed at which 85 % of the traffic traveled or less than that speed. It is not combined with the maximum speed. He noted most of the traffic on the street traveled at 28 mph or less. Kathy Hartung, 79-890 Fiesta Drive, voiced support for the closure, noting Fiesta Drive does not have sidewalks, and that t~e street is used by a - number of fast-driving high school students. She pointed out there will be an additional exit onto Westward Ho Drive when the new 26-home City Council Minutes 28 December 7, 2004 development is built. If Fiesta Drive is not closed, she supports the right-in, right-out only option. Elaine Allen, 79-905 Fiesta Drive, voiced concern that people will use Fiesta Drive to avoid the traffic signal at Westward Ho Drive and Jefferson Street. She referenced the narrowness of the street and a blind spot near Roadrunner Lane. She asked the Council to approve the cul-de-sac. Elizabeth Hopkins, 79-885 Fiesta Drive, spoke in favor of a cul-de-sac, or at least a right-in only from Jefferson Street. She voiced safety concerns about the speed of traffic on the narrow street, and suggested a sidewalk be constructed on Fiesta Drive. Greg Patterson, 79-660 Cortez Lane, spoke in support 'of keeping the street open for quick emergency access by paramedics. ~\IIike Williams, stated he lives on the corner of Fiesta Drive and Roadrunner. ,': Lane, and believes the traffic speed in the area should be addressed. He doesn't support or oppose the closing of Fiesta Drive but feels it should be right-out only if left open. David Miller, stated he lives on Fiesta Drive, and is concerned about Fiesta Drive being a shortcut when traffic backs up on Westward Ho Drive, especially around 5:00 p.m. He noted the residents are looking for some type of mitigation measure to address their concerns. Leo Lowrimore, 79-825 Fiesta Drive, stated he prefers Fiesta Drive being . closed but otherwise supports the right-in, right-out option. Council Member Perkins noted the safety concerns voiced happen on a number of streets throughout the City. Some of them have been changed to - cul-de-sacs, and the people ended up not liking it. He voiced support for Option No.2. , -, -'" ~n response to Council Member Henderson, City Attorney Jenson confirmed the fact that she knows people in the City, does not create a conflict of interest as to her having an opinion in this matter. Council Member Henderson stated her decision will be based on the knowledge she has attained since becoming a member of the City Council and the three-year planning process she went through with the City's new General Plan. She stated the City streets are designed according to traffic managen1ent in order to move people in the community. She noted it's important for the City to be made aware when safety issues exist so -- ._.---....~---..- ...._- -- ------ '--'-"'- -- -...- --..----- ------ City Council Minutes 29- December 7, 2004 ; ;i [ ,..-- additional patrols can be added if needed. She referenced past instances ! when the community wanted to open up an access but the surrounding neighborhood was opposed to it. She doesn't support closing the street but feels the safety issues should be addressed. She noted both petitions, in favor and against closure of the street, are included in the staff report and that both are important. She doesn't believe Fiesta Drive will be used any more or less, but noted leaving it open does provide a choice. She is concerned closing the street will create congestion in the area. She supports allowing the right-in, right-out movement. She feels conflict on the left-in because of the people who live there, but noted many times access for residents is what neighborhoods come back and request. She noted there seems to be a stronger desire at this time not to allow the left-in but she expects the residents will want it open in the future. Council Member Osborne stated he believes the residents' traffic concerns are real but noted the neighborhood includes more than Fiesta Drive. He is inclined to support Option No. 2 and believes some of the traffic will be eliminated by not allowing the left-in movement. He commented on the need to post the speed limit and increase traffic control in the area. - Council Member Sniff stated he supports Option No.2 but -asked staff to research additional means or methods to minimize the speed and traffic on Fiesta Drive. He also asked the City Manager to direct increased law enforcement for a period of time to monitor the street and make it as safe as possible. Mayor Adolph stated he would not support a left-turn pocket at the intersection because of traffic backing up on the bridge. He agrees with , doing anything possible to improve the security and traffic control on Fiesta Drive. In response to Mayor Adolph, Mr. Jonasson stated the traffic count survey did not track the direction of traffic on Fiesta Drive. As for the potential of having a deceleration lane on Jefferson Street to make the intersection safer, , staff will look into it. Mayor Adolph stated he supports Option No.2, and believes it will reduce ." traffic on Fiesta Drive by not allowing the left-in movement. He suggested . the possibility of doing a traffic study to find how much of the current traffic on Fiesta Drive is from left-in-turn movements. - Council Member Henderson questioned the need if Option No.2 is approved. City Council Minutes 30 December 7, 2004 Mayor Adolph noted it would provide a way to know how much the closure affects the traffic flow. MOTION - It was moved by Council Members Perkins/Osborne to deny the petition to cul-de-sac Fiesta Drive at the Jefferson Street intersection, and direct staff to implement Access Option No.2. Council. Member Sniff suggested staff be directed to continue looking at potential ways to deal with the traffic problems on Fiesta Drive, and that the City Manager direct additional law enforcement in the area. " ,Council Member Perkins stated he doesn't believe it's necessary to include it in the motion. < , Mayor Adolph stated he's confident the Police Department will monitor the a rea. ,. I rJlotioil èarried unanimously. MINUTE ORDER NO. 2004-145. ADJOURNMENT --,-_._----- There being no further business, it was moved by Council Members Sniff/Osborne , to adjourn. Motion carried unanimously. Respectfully submitted, ~-d~ JUNE S. GREEK, City Clerk City of La Quinta, California --.---....-- _.._"---- _._--~ - - . -- ~- --